Governing Instrument vs. Terms of Reference

Attribute	Governing Instrument	Terms of Reference
Definition	Legal document that establishes an organization or entity	Document outlining the scope, purpose, and structure of a project or committee
Authority	Specifies the powers and responsibilities of the organization	Defines the objectives and scope of the project or committee
Scope	Broader in terms of overall governance and operations	Specific to a particular project or committee
Approval Process	Typically requires formal approval by relevant authorities	May be approved internally by project stakeholders

Governing Instrument

A governing instrument is a legal document that outlines the rules and regulations governing an organization or entity. It serves as the foundation for how the organization operates and makes decisions. The governing instrument typically includes information such as the organization's purpose, structure, powers, and procedures. It is a crucial document that guides the actions of the organization and ensures that it operates in accordance with its mission and values.

One of the key attributes of a governing instrument is its binding nature. Once adopted, the governing instrument becomes the official rulebook for the organization, and all members are expected to adhere to its provisions. This helps to establish consistency and accountability within the organization, as everyone is held to the same set of rules and standards. The governing instrument also provides a framework for resolving disputes and conflicts that may arise among members.

Another important attribute of a governing instrument is its permanence. Unlike other documents that may be subject to frequent changes, the governing instrument is typically designed to be stable and enduring. This ensures that the organization's core values and principles remain consistent over time, providing a sense of continuity and stability for its members. Any amendments to the governing instrument usually require a formal process and approval by a designated authority.

The governing instrument also plays a crucial role in defining the roles and responsibilities of the organization's leadership. It outlines the powers and duties of key positions such as the board of directors, officers, and committees. This helps to clarify the decision-making process and ensure that all members understand their respective roles within the organization. By clearly defining these roles, the governing instrument helps to prevent confusion and promote effective governance.

In summary, a governing instrument is a foundational document that establishes the rules and regulations governing an organization. It is binding, permanent, and defines the roles and responsibilities of the organization's leadership.

Terms of Reference

Terms of reference (TOR) are a set of guidelines that define the scope and objectives of a project, committee, or task force. They outline the specific goals, responsibilities, and deliverables of the group, as well as the timeline and resources available. Terms of reference help to clarify the purpose and expectations of the group, ensuring that all members are on the same page and working towards a common goal.

One of the key attributes of terms of reference is their specificity. TOR are designed to be clear and detailed, leaving no room for ambiguity or misinterpretation. By clearly outlining the scope and objectives of the project or committee, TOR help to ensure that everyone understands what is expected of them and what they are working towards. This clarity is essential for effective project management and decision-making.

Another important attribute of terms of reference is their flexibility. While TOR provide a clear framework for the group's activities, they also allow for adjustments and modifications as needed. This flexibility enables the group to adapt to changing circumstances or new information, ensuring that they can stay on track and achieve their objectives. TOR may be revised periodically to reflect any changes in the project or committee's scope.

Terms of reference also play a key role in defining the relationships and communication channels within the group. They outline how information will be shared, decisions will be made, and conflicts will be resolved. This helps to establish a clear process for collaboration and ensures that everyone is working together effectively towards the common goal. TOR may also include guidelines for reporting and accountability, ensuring that progress is monitored and evaluated regularly.

In summary, terms of reference are a set of guidelines that define the scope, objectives, and responsibilities of a project, committee, or task force. They are specific, flexible, and help to clarify relationships and communication channels within the group.

Comparison

• Both governing instruments and terms of reference serve to establish rules and guidelines for an organization or group.
• Governing instruments are binding and permanent, while terms of reference are specific and flexible.
• Governing instruments define the overall structure and decision-making process of an organization, while terms of reference outline the scope and objectives of a specific project or committee.
• Both documents play a crucial role in clarifying roles and responsibilities within the organization or group.
• While governing instruments provide a long-term framework for governance, terms of reference are more focused on the short-term goals and activities of a specific project or committee.